Court No. - 3
Case :- WRIT - A No. - 19256 of 2018 Petitioner :- Ram Avtar Sharma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinod Sinha,Mahesh Sharma Counsel for Respondent :- C.S.C.,Sujit Kumar Rai
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 and 2, Sri Pradeep Kumar Bhardwaj, learned counsel for respondent no. 4 and Sri Sujit Kumar Rai, learned counsel for respondent nos. 3 and 5 and .
The present petition has been filed challenging the transfer order dated 27.4.2018 on the ground that the said transfer order is in violation of Regulation 36 (C) of U.P. Primary Agriculture Co-operative Credit Society Centralised Service Regulation, 1978 (hereinafter referred to as "Regulation 36 (C)") as respondent no. 4 is the resident of same block, therefore, he cannot be posted at there. On 11.9.2018, the Court has passed a detailed order directing to Sri Sujit Kumar Rai, Advocate to obtain instructions with regard permanent address of respondent no. 4.
Today, Sri Pradeep Kumar Bhardwaj, Advocate has put in appearance on behalf of respondent no. 4 and has filed his vakalatnama, which is taken on record. Sri Bhardwaj has stated that respondent no. 4 is not the resident of same block and this fact may be verified from the address mentioned in the service book of respondent no. 4.
At this stage, learned counsel for the petitioner states that a suitable direction may be issued to respondent no. 3 to consider the said aspect and if the transfer order is in violation of Regulation 36 (C), he may pass a fresh order.
Learned counsel for the respondents has no objection to the prayer made by the petitioner.
Considering the facts and circumstances of the case, with the consent of parties, without adverting the merits of the case, the writ petition is disposed of with direction to respondent no.3 (Member Secretary, District Administrative Committee/ Chief Executive Officer, District Co-operative Bank Ltd. Bulandshahar) to verify the permanent address mentioned in service book of petitioner as well as respondent no. 4 and if the order impugned is in violation of Regulation 36(C) on the basis of address recorded on the service books, he shall pass fresh order strictly in accordance with law within a period of two weeks from the date of production of certified copy of this order.
Order Date :- 19.9.2018 Arvind